TERMS OF USE FOR ALL USERS
Effective: August 2023
BY USING OUR WEBSITE YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for all Users govern your use of Dropfeet and your agreement with us.
Interpretation: In the Terms of Service:
- we refer to our website as "Dropfeet", including when accessed via the URL www.Dropfeet.com;
- references to "we", "our", "us" are references to PAC INVEST, the operator of Dropfeet;
- "Content" means any material uploaded to Dropfeet by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
- "Creator" means a User who has set up their Dropfeet account as a Creator account to post Content on Dropfeet to be viewed by other Users;
- "Fan" means a User who follows a Creator and is able to view the Creator's Content;
- "Fan/Creator Transaction" means any transaction between a Fan and a Creator on Dropfeet by which access is granted to the Creator's Content including in any of the following ways: (i) a Subscription, (ii) payments made by a Fan to view a Creator's pay-per-view Content (pay-per-view media), and (iii) use by the Fan of the fan interaction function on a Creator's account;
- "Fan Payment" means any and all payments made by a Fan to a Creator (i) in connection with a Fan/Creator Transaction, or (ii) by way of a tip for a Creator;
- "Standard Contract between Fan and Creator" means the terms which govern each Fan/Creator Transaction, which can be found here;
- "Subscription" means a Fan's subscription to a Creator's account (whether paid or unpaid, and whether for one month or as part of a bundle comprising a subscription for more than one month);
- "Terms of Service" (also called "your agreement with us") means the legally binding agreement between you and us which consists of: (i) these Terms of Use for all Users, (ii) Terms of Use for Fans, (iii) Terms of Use for Creators, (iv) Privacy Policy, (v) Acceptable Use Policy, (vii) Complaints Policy, (viii) Platform to Business Regulation Terms; and (ix) Community Guidelines;
- "User" means any user of Dropfeet, whether a Creator or a Fan or both (also referred to as "you" or "your").
Who we are and how to contact us: Dropfeet is operated by PAC INVEST. We are a limited company registered in France, with company registration number 952824787 and we have our registered office address at 10 RUE DE PENTHIEVRE 75008 PARIS.. Our VAT number is FR94952824787. To contact us with any questions about Dropfeet, please email our support team at support@Dropfeet.com. If you are unable to contact us by email, please write to us at the following address: 10 RUE DE PENTHIEVRE 75008 PARIS.
How we may change the Terms of Service: We may change any part of the Terms of Service without telling you beforehand in the following circumstances:
- to reflect changes in laws and regulatory requirements which apply to Dropfeet and the services, features and programs of Dropfeet where such changes require Dropfeet to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and
- to address an unforeseen and imminent danger related to defending Dropfeet, Fans or Creators from fraud, malware, spam, data breaches or other cybersecurity risks.
- We may also make other changes to any part of the Terms of Service, and we will give you reasonable notice of such changes by email or through Dropfeet, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms of Service are in effect, you will be bound by them if you continue to use Dropfeet.
- We may make changes to or suspend or withdraw Dropfeet: We may update and change Dropfeet from time to time for any reason, including to reflect changes to our services, Users' needs and our business practices or to improve performance, enhance functionality or address security issues. We will try to give you reasonable notice of any major changes. We do not guarantee that Dropfeet, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict the availability of all or any part of Dropfeet for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal if it affects you.
- Registering with Dropfeet: To use Dropfeet you must first register and create a User account on Dropfeet. You must provide a valid email address, a username, and a password or authenticate using a valid Twitter or Google account. Your password should be unique (meaning that it is different to those you use for other websites) and must comply with the technical requirements of the Dropfeet site for the composition of passwords. To register as a User:
- you must be at least 18 years old, and you will be required to confirm this;
- if the laws of the country or State/province where you live provide that you can only be legally bound by a contract with us at an age which is higher than 18 years old, then you must be old enough to be legally bound by a contract with us under the laws of the country or State/province where you live; and
- you must be permitted by the laws of the country or State/province where you are located to join Dropfeet and to view any Content available on it and to use any functionality provided by it.
- you must provide such other information or verification records as we require.
- If you do not meet the above requirements, you must not access or use Dropfeet.
- Your commitments to us: When you register with and use Dropfeet, you make the following commitments to us:
- If you previously had an account with Dropfeet, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies.
- You will make sure that all information which you submit to us is truthful, accurate and complete.
- You will update promptly any of your information you have submitted to us as and when it changes.
- You consent to receiving communications from us electronically, including by emails and messages posted to your Dropfeet account, and to the processing of your personal data as more fully detailed in our Privacy Policy.
- You will keep your account/login details confidential and secure, including your user details, passwords and any other piece of information that forms part of our security procedures, and you will not disclose these to anyone else. You will contact support@Dropfeet.com promptly if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each session, and to be particularly careful when accessing your account from a public or shared computer so that others are not able to access, view or record your password or other personal information.
- You are responsible for all activity on your account even if, contrary to the Terms of Service, someone else uses your account.
- You will comply in full with these Terms of Use for all Users, our Acceptable Use Policy and all other parts of the Terms of Service which apply to your use of Dropfeet.
- Rights we have, including to suspend or terminate your account:
- We can but we are not obligated to moderate or review any of your Content to verify compliance with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law.
- It is our policy to suspend access to any Content you post on Dropfeet which we become aware may not comply with the Terms of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law whilst we investigate the suspected non-compliance or unlawfulness of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@Dropfeet.com. Following our investigation of the suspected non-compliance or unlawfulness of the relevant Content, we may take any action we consider appropriate, including to reinstate access to the Content or to permanently remove or disable access to the relevant Content without needing to obtain any consent from you and without giving you prior notice. You agree that you will at your own cost promptly provide to us all reasonable assistance (including by providing us with copies of any information which we request) in our investigation. We will not be responsible for any loss suffered by you arising from the suspension of access to your Content or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Content under this section.
- If we suspend access to or delete any of your Content, we will notify you via email or electronic message to your Dropfeet account, but we are not obligated to give you prior notice of such removal or suspension.
- We reserve the right in our sole discretion to terminate your agreement with us and your access to Dropfeet for any reason by giving you 30 days’ notice by email or electronic message to your Dropfeet account. We can also suspend access to your User account or terminate your agreement with us and your access to Dropfeet immediately and without prior notice:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User; or
- if you take any action that in our opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms the reputation of Dropfeet.
- If we suspend access to your User account or terminate your agreement with us and your access to Dropfeet we will let you know. During any period when access to your User account is suspended, any Fan Payments which would otherwise have fallen due during the period of suspension will be suspended, and we may withhold all or any part of the Creator Earnings due to you but not yet paid out in accordance with section 13 of the Terms of Use for Creators.
- Upon termination of your account, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Dropfeet for you to be able to access your Content following termination of your account.
- We can investigate any suspected or alleged misuse, abuse, or unlawful use of Dropfeet and cooperate with law enforcement agencies in such investigation.
- We can disclose any information or records in our possession or control about your use of Dropfeet to law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
- We can change the third-party payment providers used to process payments on Dropfeet and if we do so, we will notify you and store applicable details on your Dropfeet account.
- Other than Content (which is owned by or licensed to Creators), all rights in and to Dropfeet and its entire contents, features, databases, source code and functionality, are owned by us and/or our licensors. Such material is protected by copyright, and may be protected by trademark, trade secret, and other intellectual property laws.
- We are the sole and exclusive owners of any and all anonymised data relating to your use of Dropfeet and such anonymised data can be used by us for any purpose, including for commercial, development and research purposes.
What we are not responsible for: We will use reasonable care and skill in providing Dropfeet to you, but there are certain things which we are not responsible for, as follows:
- We do not authorize or approve Content on Dropfeet, and views expressed by Creators or Fans on Dropfeet do not necessarily represent our views.
- We do not grant you any rights in relation to Content. Any such rights may only be granted to you by Creators.
- Your Content may be viewed by individuals that recognise your identity. We will not in any way be responsible to you if you are identified from your Content. While we may, from time to time and in our sole discretion, offer certain geofencing or geolocation technology on Dropfeet, you understand and agree that we do not guarantee the accuracy or effectiveness of such technology, and you will have no claim against us arising from your use of or reliance upon any geofencing or geolocation technology on Dropfeet.
- All Content is created, selected, and provided by Users and not by us. We are not responsible for reviewing or moderating Content, and we do not select or modify the Content that is stored or transmitted via Dropfeet. We are under no obligation to monitor Content or to detect breaches of the Terms of Service (including the Acceptable Use Policy).
- You agree that you have no obligation to follow any suggestions, comments, reviews, or instructions received from another User of Dropfeet and that if you choose to do so, you do so entirely at your own risk.
- We make no promises or guarantees of any kind that Creators or Referring Users will make a particular sum of money (or any money) from their use of Dropfeet (including the Dropfeet Referral Program).
- The materials which we make accessible on Dropfeet for Users are for general information only. We make no promises or guarantees about the accuracy or otherwise of such materials, or that Users will achieve any particular result or outcome from using such materials.
- We do not promise that Dropfeet is compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access Dropfeet. You should use your own virus protection software.
- We are not responsible for the availability of the internet, or any errors in your connections, device or other equipment, or software that may occur in relation to your use of Dropfeet.
- While we try to make sure that Dropfeet is secure and free from bugs and viruses, we cannot promise that it will be and have no control over the Content that is supplied by Creators.
- We are not responsible for any lost, stolen, or compromised User accounts, passwords, email accounts, or any resulting unauthorized activities or resulting unauthorized payments or withdrawals of funds.
- You acknowledge that once your Content is posted on Dropfeet, we cannot control and will not be responsible to you for the use which other Users or third parties make of such Content. You can delete your account at any time, but you acknowledge that deleting your account will not of itself prevent the circulation of any of your Content which may have been recorded by other Users in breach of the Terms of Service or by third parties prior to the deletion of your account.
Intellectual property rights – ownership and licenses:
- You confirm that you own all intellectual property rights (examples of which are copyright and trademarks) in your Content or that you have obtained all necessary rights to your Content which are required to grant licenses in respect of your Content to us and to other Users. This includes any rights required to engage in the acts covered by sub-section 10(b) below in any territory in which Dropfeet is accessible and, in particular, in the United States of America, the United Kingdom and the European Union.
- You agree to grant us a license under all your Content to perform any act restricted by any intellectual property right (including copyright) in such Content, for any purpose reasonably related to the provision and operation of Dropfeet. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Content, and otherwise deal in your Content.
- The license which you grant to us under sub-section 10(b) above is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us. This means that the license will continue even after your agreement with us ends and you stop using Dropfeet, that we do not have to pay you for the license, and that we can grant a sub-license of your Content to someone else or assign or transfer the license to someone else. This license will allow us, for example, to add stickers, text, and watermarks to your Content, to make your Content available to other Users of Dropfeet, as well as to use your Content for other normal operations of Dropfeet. We will never sell your Content to other platforms, though we may sell or transfer any license you grant to us in the Terms of Service in the event of a sale of our company or its assets to a third party.
- Whilst we do not own your Content, you grant us the limited right to submit notifications of infringement (including of copyright or trademark) on your behalf to any third-party website or service that hosts or is otherwise dealing in infringing copies of your Content without your permission. Although we are not under any obligation to do so, we may at any time submit or withdraw any such notification to any third-party website or service where we consider it appropriate to do so. However, we do not and are under no obligation to police infringements of your Content. You agree that if we request, you will provide us with all consents and other information which we reasonably need to submit notifications of infringement on your behalf. Please see our Complaints Policy for how to make a complaint about infringement of intellectual property rights.
- You waive any moral rights which you may have under any applicable law to object to derogatory treatment of any Content posted by you on Dropfeet. This waiver does not affect in any way your ownership of any intellectual property rights in your Content or the rights which you have to prevent your Content from being copied without your permission. The waiver is intended to allow us when dealing with your Content (as permitted by the license which you give us in section 10(b) above) to add watermarks, stickers or text to your Content.
- Links to Dropfeet:
- You may link to the Dropfeet homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
- If you are a Creator, when promoting your Creator account you must comply with our Terms of Service and the terms of service of any other website where you place a link to or otherwise promote your Creator account. When promoting your Creator account, you must not impersonate Dropfeet or give the impression that your Creator account is being promoted by us if this is not the case. You must not promote your Dropfeet account by using Google Ads or any similar advertising platform or search engine advertising service.
- Links from Dropfeet: If Dropfeet contains links to other sites and resources provided by third parties, these links are provided for your convenience only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Dropfeet, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Domain Names: In some instances, Dropfeet may allow Creators to register or use domain names that contain the Dropfeet trademark or a confusingly similar term. However, you will not register such a domain name, unless:
- The domain name is registered by the Creator.
- The domain name redirects to the Creator’s Dropfeet profile. Domain names containing the Dropfeet trademark or a confusingly similar term must not direct to any other website, including link aggregators.
- The Creator obtains prior written permission from Dropfeet and signs a licensing agreement.
- If you would like to register a domain name containing the Dropfeet trademark or a confusingly similar term, please contact support@Dropfeet.com. Failing to comply with these provisions or the licensing agreement will be considered a violation of the licensing agreement and may result in Dropfeet filing a domain dispute against the registrant.
How do I delete my account? If you want to delete your Dropfeet account then you may do so in the 'User Account' section of your Dropfeet account.
- If you are a Fan, the deletion of your account will take place within a reasonable time following your request.
- If you are a Creator, then once you initiate the "delete account" process your account will remain open until the last day of your Fans' paid Subscription period, following which you will receive your final payment and your account will be deleted.
- If you are both a Fan and a Creator then your account will be deleted in two stages (Fan first and then Creator).
- Once your account has been deleted you won't be charged any further amounts or have access to your former Dropfeet account or its Content, and any subscriptions will be deleted and cannot be subsequently renewed. You will receive an email confirmation upon the successful deletion of your account. Once your account has been deleted, we may deal with your Content in any appropriate manner in accordance with our Privacy Policy (including by deleting it) and you will no longer be entitled to access your Content. There is no technical facility on Dropfeet for you to be able to access your Content following termination of your account.
Who is responsible for any loss or damage suffered by you?
- Whether you are a consumer or business User: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes (i) liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and (ii) fraud or fraudulent misrepresentation.
- If you are a consumer User: If you are a consumer User, you agree that:
- We and our subsidiary companies, employees, owners, representatives, and agents will not be liable to you for any loss of profit, loss of business or revenue, business interruption, loss of business opportunity, or loss of anticipated savings suffered by you arising from or in connection with your use of Dropfeet.
- If you are a consumer User and reside in the United States of America, our total liability to you for claims arising out of or related to your agreement with us shall be limited to USD 250 per claim.
- If you are a business User: If you are a business User, you agree that:
- We and our subsidiary companies, employees, owners, representatives, and agents:
- exclude (to the extent permitted by law) all implied conditions, warranties, representations, or other terms that may apply to Dropfeet or any content on it. This means that if the Terms of Service do not expressly include a promise or commitment by us, then one cannot be implied by law;
- are not responsible to you for any loss or damage suffered by you that is not a foreseeable result of our breaching the Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you agreed to the Terms of Service, both we and you knew it might happen;
- won't be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
- your inability to use Dropfeet or any of its services, features or programs; or
- your use of or reliance on any content (including Content) stored on Dropfeet;
- won't be liable to you for any:
- loss of profits;
- loss of sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- loss of data or information, including any Content; or
- indirect or consequential loss or damage;
- won't be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus, malware, ransomware, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of Dropfeet or any of its services, features or programs, or due to your downloading of any material posted on it, or on any website linked to it;
- won't be liable to you if your Content is copied, distributed, reposted elsewhere or its copyright is infringed by another User or any third party;
- won't be liable to you for any disclosure of your identity, or any disclosure or publication of your personal information by other Users or third parties without your consent (also known as "doxing");
- won't be liable to you for any failure or delay by us in complying with any part of the Terms of Service arising from events outside our reasonable control. If there is any failure or delay by us in complying with any part of the Terms of Service arising from an event outside our reasonable control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Our total liability to you for any and all claims arising out of or related to your agreement with us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the greater of:
- 100% of the total fees paid by you to us in connection with your use of Dropfeet; and
- USD 5,000.
General: You agree that:
- If any aspect of your agreement with us is unenforceable, the rest will remain in effect.
- If we fail to enforce any aspect of your agreement with us, it will not be a waiver;
- We reserve all rights not expressly granted to you.
- No implied licenses or other rights are granted to you in relation to any part of Dropfeet, save as expressly set out in the Terms of Service.
- Your agreement with us does not give rights to any third parties, except that the exclusions and limitations of liability in section 14 (Who is responsible for any loss or damage suffered by you?) and the terms in section 16 ( Terms relating to disputes) may be enforced by our subsidiary companies, employees, owners, representatives and agents.
- You cannot transfer your rights or obligations under your agreement with us without our prior written consent.
- Our rights and obligations under your agreement with us can be assigned or transferred by us to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law. In addition, we may choose to delegate the performance of any of our obligations under your agreement with us to any third party, but we will remain responsible to you for the performance of such obligations.
- The Terms of Service form the entire agreement between us and you regarding your access to and use of Dropfeet, and supersede any and all prior oral or written understandings or agreements between us and you.
Terms relating to disputes – the law which applies to your agreement with us and where disputes and claims concerning your use of Dropfeet (including those arising from or relating to your agreement with us) can be brought:
- For consumers (Fans):
- Consumers - Law:
- If you are a consumer, your agreement with us is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Dropfeet, and (ii) any claim that we have against you that arises out of or in connection with your agreement with us or your use of Dropfeet (including, in both cases, non-contractual disputes or claims). You will also be able to rely on mandatory rules of the law of the country where you live.
- Consumers - where claims must be brought:
- If you are a consumer resident in the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Dropfeet (including, in both cases, non-contractual disputes or claims) may be brought in the courts of France or the courts of the country where you live.
- If you are a consumer resident outside of the United Kingdom or the European Union, any claim which you have or which we have arising out of or in connection with your agreement with us or your use of Dropfeet (including, in both cases, non-contractual disputes or claims) must be brought in the courts of France.
- For business Users (Creators and Referring Users):
- Business Users – Law:
- If you are a business User, your agreement with us is governed by French law will apply to (i) any claim that you have arising out of or in connection with your agreement with us or your use of Dropfeet, and (ii) any claim that we have arising out of or in connection with your agreement with us or your use of Dropfeet (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions.
- Business Users - where claims must be brought:
- If you are a business User, you and we agree that the courts of France shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with your agreement with us (including its subject matter or formation) or your use of Dropfeet.
- Limitation period for bringing claims: Except where prohibited by applicable law, any claim or cause of action which you have concerning Dropfeet (including those arising out of or related to your agreement with us) must be filed within one year after the date on which such claim or cause of action arose or the date on which you learned of the facts giving rise to the cause of action (whichever is the earlier), or be forever barred.
Other terms which form part of your agreement with us: These Terms of Use for all Users govern your agreement with us. Certain other terms or policies forming part of the Terms of Service will also apply to you and form part of your agreement with us, as follows:
- Terms of Use for Fans – which contain additional terms which apply if you use Dropfeet as a Fan;
- Terms of Use for Creators – which contain additional terms which apply if you use Dropfeet as a Creator;
- Privacy Policy – which applies to all Users and tells you how we use your personal data and other information we collect about you;
- Acceptable Use Policy – which applies to all Users and tells you what you can and can’t do on Dropfeet;
- Complaints Policy - which sets out the procedure for making a complaint about any aspect of Dropfeet, and how we will deal with that complaint;
- Platform to Business Regulation Terms – which contain additional terms which apply to Creators who are established or resident in the European Union or the United Kingdom; and
- Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Dropfeet.
If there is any conflict between these Terms of Use for all Users and any of the terms or policies listed at section 17(a) to (h) above, the Terms of Use for all Users will apply to the extent of the conflict.
Last updated: August 2023
TERMS OF USE FOR FANS
BY USING OUR WEBSITE AS A FAN YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
- Introduction: These Terms of Use for Fans are additional terms which apply if you use Dropfeet as a Fan (also referred to as "you" and "your" in these Terms of Use for Fans). These Terms of Use for Fans form part of your agreement with us.
- Interpretation: In these Terms of Use for Fans, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- "VAT" means European value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the France or any other jurisdiction.
Other terms which will apply to your use of Dropfeet: The following terms will also apply to your use of Dropfeet and you agree to them:
- Our Terms of Use for all Users;
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can't do on Dropfeet;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Dropfeet, and how we will deal with that complaint;
- The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on Dropfeet; and
- Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Dropfeet.
Other terms which may apply to your use of Dropfeet: The following additional terms may apply to your use of Dropfeet:
- If you are also a Creator, the Terms of Use for Creators will apply to your use of Dropfeet as a Creator;
- If you are a Creator who is established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you.
Your commitments to us: You warrant (which means you make a legally enforceable promise) that:
- you are at least 18 years old;
- if the laws of the country or State/province where you live provide that you can only be legally bound by a contract at an age which is higher than 18 years old, then you are old enough to be legally bound by a contract under the laws of the country or State/province where you live;
- you will provide such other information or verification records as we require.
- you are permitted by the laws of the country or State/province where you are located to join Dropfeet and to view any Content available on it and to use any functionality provided by it; and
- you are able and willing to make payment (where required) to view Content available on Dropfeet which you wish to view and to use any functionality provided by Dropfeet that you wish to use.
Content - general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Fan on Dropfeet:
- You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Dropfeet:
- the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- you either own your Content (and all intellectual property rights in it) or have a valid license to your Content; and
- if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Dropfeet.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 6(a) is untrue. This means you will be responsible for any loss or damage we suffer as a result of any warranty being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Dropfeet. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
Adult material: You acknowledge that you are aware that some of the Content on Dropfeet contains adult material, and you agree to take this into account when deciding where to access and view Content. We will not be responsible to you if you suffer any loss or damage as a result of your accessing or viewing Content containing adult material in a way which places you in breach of any contract you have with a third party (for example, your employment contract) or in breach of any applicable law.
Subscriptions and purchases by Fans: This section describes the terms which apply to Fan/Creator Transactions:
- All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the Dropfeet platform and storing Content we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transactions.
- Creators are solely responsible for determining (within the parameters for pricing on Dropfeet) the pricing applicable to Fan/Creator Transactions and the Content to which you may be given access. All prices appear in EUR only.
- Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
- To be able to enter into a Fan/Creator Transaction with a particular Creator, you must first add a payment card to your account and then click the 'Subscribe' button on the relevant Creator's profile.
- You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in EUR. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.
- If you choose to provide details of two or more payment cards, then if you try to make a Fan Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Fan Payment.
- The payment provider will take (i) periodic payments from your payment card for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment card for Fan Payments other than Subscriptions (including any tips paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.
- Apart from free-trial Subscriptions, all Subscriptions to a Creator's profile will automatically renew at the end of the relevant subscription period, except if your payment card is declined, the subscription price for the Subscription has increased, or you have turned off the "Auto-Renew" switch located on the relevant Creator's profile. This means that if you want to stop subscribing to a Creator's profile and paying continuing monthly subscription charges, you will need to turn off the "Auto-Renew" switch located on the relevant Creator's profile.
- If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile (unless you choose to pay for a new Subscription to that Creator’s profile), and you will no longer be able to view the relevant Creator's Content.
- You agree that you will not make unjustified requests for a refund in respect of any Fan/Creator Transaction or tip to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Fan/Creator Transaction or tip to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.
Suspension of your User account: If we suspend your User account in accordance with our rights under the Terms of Service, then any Fan Payments which would otherwise have fallen due during the period of suspension of your User account will be suspended during the period of the suspension of your User account.
Last updated: August 2023
TERMS OF USE FOR CREATORS
BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
Introduction: These Terms of Use for Creators are additional terms which apply if you use Dropfeet as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Terms of Use for Creators form part of your agreement with us.
- Interpretation: In these Terms of Use for Creators, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition:
- "VAT" means European value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
- "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Other terms which will apply to your use of Dropfeet: The following terms will also apply to your use of Dropfeet and you agree to them:
- Our Terms of Use for all Users;
- Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
- Our Acceptable Use Policy – which tells you what you can and can’t do on Dropfeet;
- Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of Dropfeet, and how we will deal with that complaint;
- The Standard Contract between Fan and Creator – which does not form part of your agreement with us, but which governs and sets out the terms applicable to each Fan/Creator Transaction you enter into on Dropfeet; and
- Our Community Guidelines – which provide additional terms and guidance regarding your interactions with Dropfeet.
Other terms which may apply to your use of Dropfeet: The following additional terms may apply to your use of Dropfeet:
- If you are established or resident in the European Union or the United Kingdom, then the Platform to Business Regulation Terms will also apply to you;
- If you are also a Fan, the Terms of Use for Fans will also apply to your use of Dropfeet as a Fan; and
What are the fees that we charge Creators for the use of Dropfeet? We charge a fee to you of twenty per cent (20%) of all Fan Payments made to you (exclusive of any VAT element of the Fan Payment) (called Our Fee. The remaining eighty per cent (80%) of the Fan Payment (exclusive of any VAT element of the Fan Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating Dropfeet and storing your Content. Our Fee is deducted from the Fan Payment, and Creator Earnings are paid to you in the way described in the Payouts to Creators section below.
How to set up your account as a Creator account: To set up your account as a Creator account:
- You will need on your User account page to upload a valid form of ID (ID CARD or PASSPORT)
- You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
- You will need on your User account page to select one of the available methods provided by Dropfeet as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
- If you are registered for VAT in the France, you will need to provide us with your valid FR VAT number. See the Promoting Tax compliance and VAT section of these Terms of Use for Creators in relation to FR VAT.
- You may also need to submit additional information depending on the country where you live.
- We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason..
- Once you have set up your account as a Creator account, then if you want to charge your Fans a monthly subscription fee you will need to set your subscription price for your Fans within the range allowed by Dropfeet as set out below.
- You will then be able to start adding Content and Users will be able to subscribe to your account to become your Fans.
- If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Fan/Creator Transactions: This section describes the terms which apply to Fan/Creator Transactions:
- All Fan/Creator Transactions are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator. Although we facilitate Fan/Creator Transactions by providing the Dropfeet platform and storing Content, we are not a party to the Standard Contract between Fan and Creator or any other contract which may exist between a Fan and Creator, and are not responsible for any Fan/Creator Transaction.
- Fan Payments are exclusive of VAT, which shall be added at the current rate as applicable to Fan Payments.
- When you receive confirmation from Dropfeet, either in the ‘Statements’ page of your User account or by email (or both), that the Fan/Creator Transaction has been confirmed, you must perform your part of such Fan/Creator Transaction (for example, by allowing the Fan to view the Content on your Creator account and/or providing the customised Content paid for by the Fan and/or allowing the Fan to use the fan interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy), the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on Dropfeet:
Your Content is not confidential, and you authorize your Fans to access and view your Content on Dropfeet for their own lawful and personal use, and in accordance with any licenses that you grant to your Fans.
You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on Dropfeet:
- the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy);
- you hold all rights necessary to license and deal in your Content on Dropfeet, including in each territory where you have Fans and in the United Kingdom;
- you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Fans;
- if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on Dropfeet; and
- the Content is:
- of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
- reasonably suitable for any purpose which the Fan has made known to you is the purpose for which the Fan is using the Content; and
- as described by you.
- You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
- We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of Dropfeet. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
- You also agree to act as custodian of records for the Content that you upload to Dropfeet.
Advertising on Dropfeet:
- If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Creators.
Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
- does not:
- prejudice respect for human dignity;
- include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
- encourage behaviour prejudicial to health or safety;
- encourage behaviour grossly prejudicial to the protection of the environment;
- cause physical, mental or moral detriment to any person;
- directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
- directly encourage persons to persuade others to purchase or rent goods or services;
- exploit the trust of persons in others; or
- unreasonably show persons in dangerous situations;
- does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
- does not advertise, promote, or facilitate illegal gambling, and
- in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to Dropfeet contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
Co-authored Content:
- If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on Dropfeet; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
- You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
- has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
- has consented to the Co-Authored Content in which he or she appears being posted on Dropfeet.
- In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on Dropfeet, you will tag the Dropfeet account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
- If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on Dropfeet.
- You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
- You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Payouts to Creators:
- All Fan Payments will be received by a third-party payment provider approved by us.
- Our Fee will be deducted from the Fan Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
- Your Dropfeet account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your Dropfeet account once such Creator Earnings appear in your Dropfeet account.
- To make a withdrawal of Creator Earnings from your Dropfeet account, you must have at least the minimum payout amount in your Dropfeet account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
- The amount that you see in your ‘current balance’ in your Dropfeet account is your Creator Earnings at the relevant time. All Fan Payments and Creator Earnings are transacted in EUR only. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
- If a Fan successfully seeks a refund or chargeback from their credit card provider in respect of a Fan Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
- Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
Circumstances in which we may withhold Creator Earnings:
- We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
- if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
- if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Fan who made the Fan Payment resulting in the Creator Earnings,
- for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
- We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
- We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
- If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
- If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Fan Payments which resulted in forfeited Creator Earnings are returned to the relevant Fans who paid such Fan Payments.
Promoting Tax compliance and VAT:
- General:
- We recommend that all Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.
- By using Dropfeet as a Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Dropfeet to the relevant Tax authority in your jurisdiction, as required by law.
- By using Dropfeet as a Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have an Dropfeet account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:
- notify us by email to vat@Dropfeet.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
- promptly provide us by email to vat@Dropfeet.com with:
- details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
- such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
- For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Dropfeet or by support@Dropfeet.com in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Creators.
- We reserve the right to close your Dropfeet account if we are notified of or become aware of any Tax non-compliance by you.
FR VAT and FRENCH established Creators:
- For the purposes of FR VAT only, Creators are treated as providing their services to Dropfeet, rather than to Fans directly.
- If you are a Creator registered for FR VAT:
- You will be treated, for VAT purposes, as charging Dropfeet your Creator Earnings (80% of all and any Fan Payments), together with FR VAT at the prevailing rate in force at the time of the Fan Payment;
- You agree to use the Dropfeet VAT invoice generator tool which can be found at: https://Dropfeet.com/my/banking/vat/create-document to generate monthly VAT invoices, addressed to PAC INVEST, in respect of your Creator Earnings (and Referral Payments, if any) for the relevant period together with the VAT on such Creator Earnings (and Referral Payments, if any);
- The VAT element added to your Creator Earnings (and Referral Payments, if any) (the "VAT Amount") will be paid to you by way of a separate payment outside of your regular Creator Earnings, provided that you must have submitted to us copies of the following before payment of the VAT Amount will be made to you:
- your VAT registration number by completing this form https://Dropfeet.com/my/banking/vat;
- a valid VAT invoice generated and submitted using the Dropfeet VAT invoice generator tool and uploaded using https://Dropfeet.com/my/banking/vat/add-documents; and
- a VAT return made to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your Creator Earnings (and Referral Payments, if any) for the relevant period. You can find the monthly earning details at https://Dropfeet.com/my/stats/earnings;
- You shall pay the VAT Amount which is paid to you directly to HM Revenue & Customs.
- If you need any further information or assistance on what is needed in order to receive the VAT Amount you can email vat@Dropfeet.com.
- You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from Dropfeet and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete and up-to-date records, invoices, accounts and other documents required for the purposes of the VAT legislation.
- If you are a Creator in France who is not required to register for FR VAT, then you should monitor the level of taxable sales that you make in France (including any Referral Payments) to ensure you have not exceeded the VAT registration threshold in France. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.
- We do not monitor earnings that Creators receive from other income sources. However, we will monitor the annual earnings of FRENCH Creators on our platform, and if you are not already VAT registered and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at vat@Dropfeet.com, within 6 weeks of such notification. Failure to do so may result in your Dropfeet account being closed.
Last updated: August 2023
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE YOU AGREE TO THIS POLICY – PLEASE READ IT CAREFULLY
This Policy applies to your use of Dropfeet and all Content on Dropfeet and forms part of your agreement with us. This Policy sets out what is and is not permitted on Dropfeet.
In this Policy, defined terms have the same meanings as in our Terms of Use for all Users.
- Do not use Dropfeet except for your own personal use and do not sell, rent, transfer, or share your account or any Content obtained from your use of Dropfeet to or with anyone else.
- Only use Dropfeet in a manner and for a purpose that is lawful.
- Do not upload, post, display, or publish Content on Dropfeet that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or which encourages or promotes violence or any illegal activity.
- Do not use Dropfeet in any way which may exploit, harm, or attempt to exploit or harm any individual under 18 years old, for example by exposing them to inappropriate Content.
- Do not upload, post, display, or publish Content on Dropfeet that:
- shows, includes or refers to:
- any individual under 18 years old (or which refers to individuals under 18 years old generally); or
- any other individual unless you have written documentation which confirms that all individuals shown or included or referred to in your Content are at least 18 years old, and you have a written consent from each individual to use their name or images (or both) in the Content;
- shows, promotes, advertises or refers to:
- firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- drugs or drug paraphernalia;
- self-harm or suicide;
- incest;
- bestiality;
- violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hardcore bondage, extreme fisting, or genital mutilation;
- necrophilia;
- urine, scatological, or excrement-related material;
- "revenge porn" (being any sexually explicit material featuring any individual who has not given prior, express and fully informed consent to that material (a) being taken, captured, or otherwise memorialized, or (b) being posted and shared on Dropfeet);
- escort services, sex trafficking, or prostitution;
- contains unsolicited sexual content or unsolicited language that sexually objectifies another User or anyone else in a non-consensual way, or contains fake or manipulated sexual content in relation to another User or anyone else (including "deepfakes");
- contains, promotes, advertises or refers to hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
- contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Dropfeet including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records) without that person's express written consent;
- either:
- in the case of Content featuring public nudity, was recorded in or is being broadcast from a country, State or province where public nudity is illegal; or
- in the case of Content featuring sexual activities, was recorded in or is being broadcast from a public place where members of the public are reasonably likely to see the activities being performed (this does not include outdoor places where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
- gives the impression that it comes from or is approved, licensed or endorsed by us or any other person or company;
- causes or is calculated to cause inconvenience, or anxiety to anyone else or which is likely to upset, embarrass, or cause serious offence to anyone else;
- is used or is intended to be used to extract money or another benefit from anyone else in exchange for removal of the Content; and/or
- involves or promotes third-party commercial activities or sales, such as contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads without our prior express consent.
You must comply with any requirements set out in our Community Guidelines.
- Do not use Dropfeet to stalk, bully, abuse, harass, threaten or intimidate anyone else.
- Do not use Dropfeet to engage in misleading or deceptive conduct, or conduct that is likely to mislead or deceive any other User.
- Respect the intellectual property rights of Creators, including by not recording, reproducing, sharing, communicating to the public or otherwise distributing their Content without authorization.
- Do not do anything that violates our or someone else's rights, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
- Do not impersonate us, one of our employees, another User, or any other person or company or falsely state or suggest any affiliation, endorsement, sponsorship between you and us or any other person or company.
- Do not provide false account registration information or make unauthorized use of anyone else's information or Content.
- Do not post or cause to be posted any Content which is spam, which has the intention or effect of artificially increasing any Creator's views or interactions, or which is otherwise inauthentic, repetitive, misleading or low quality.
- Do not transmit, stream, or otherwise send any pre-recorded audio or video material during a live stream or otherwise attempt to pass off recorded material as a live stream.
- Do not use other media or methods (for example the use of codewords or signals) to communicate anything which violates this Policy.
- Do not reproduce, print, distribute, attempt to download, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any Content, except as permitted under the Terms of Service.
- Do not knowingly introduce any viruses, trojans, worms, logic bombs or other material into Content which is or may be malicious or technologically harmful.
- Do not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of Dropfeet.
- Do not use Dropfeet in a way that could adversely affect our systems or security or interfere with any other User’s use of Dropfeet, including their ability to engage in real-time activities through Dropfeet.
- Do not use any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access Dropfeet or any server, network or system associated with Dropfeet, or to extract, scrape, collect, harvest or gather Content or information from Dropfeet.
- Do not use Dropfeet' name, logo or any related or similar names, logos, product and service names, designs, or slogans other than in the limited ways which are expressly permitted in the Terms of Service or with our prior written agreement.
Breaches of this Policy may lead to your account being suspended or terminated, and access to your earnings being revoked, as set out in the Terms of Service.
Last updated: August 2023
COMPLAINTS POLICY
Introduction: This document set out our complaints policy. If you are a User of Dropfeet, this Complaints Policy forms part of your agreement with us.
Who we are and how to contact us: Dropfeet is operated by PAC INVEST. We are a limited company registered in France, with company registration number 952824787 and we have our registered office address at 10 RUE DE PENTHIEVRE 75008 PARIS
Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term "business days" means any day which is not a Saturday, Sunday or public holiday in France.
Who can use this Complaints Policy? Whether or not you are a User of Dropfeet, you can use this Complaints Policy to alert us to any complaint which you have relating to Dropfeet.
How to make a complaint: If you have a complaint about Dropfeet (including any complaint about Content appearing on Dropfeet or the conduct of a User), please send your complaint to support@Dropfeet.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
If you are unable to contact us by email, please write to us at the following address: 10 RUE DE PENTHIEVRE 75008 PARIS.
How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under section 5 above:
- we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
- if we require further information or documents from you, we will contact you to let you know;
- we will in good faith investigate your complaint within seven (7) business days;
- if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
- if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.
- Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy, and we will respond to copyright infringement complaints as set out in such policy.
How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 5 above:
- we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
- if we require further information or documents from you, we will contact you to let you know;
- we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on Dropfeet and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
- we are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a User of Dropfeet, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
Last updated: August 2023
STANDARD CONTRACT BETWEEN FAN AND CREATOR
Introduction: This Standard Contract between Fan and Creator ("this agreement") sets out the terms which govern each transaction between a Fan and a Creator on Dropfeet
When does this agreement apply? Each time a Fan/Creator Transaction is initiated on Dropfeet, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms which the Fan or Creator may propose, and this Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
Parties: The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. PAC INVEST nor any of its subsidiary companies is a party to this agreement and neither PAC INVEST nor any of its subsidiary companies grants any rights in respect of, nor participates in, any Fan/Creator Transaction, except that PAC INVEST or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and Fan’s instructions set out in section 5 of this agreement.
Interpretation: In this agreement, defined terms have the following meanings:
"Dropfeet" means the website accessed via the URL www.Dropfeet.com or via any web browser;
"Content" means any material uploaded to Dropfeet by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Creator" means a User who has set up their Dropfeet account as a Creator account to post Content on Dropfeet to be viewed by other Users;
"Fan" means a User who follows a Creator and is able to view the Creator's Content;
"Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips;
"FIL Fee" means the fee charged to Creators in accordance with section 5 of the Dropfeet Terms of Use for Creators;
"Subscription" means a Fan's subscription to a Creator's account;
"VAT" means United Kingdom value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction.
Pricing and payment: By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account plus any VAT which is applicable. The Fan and Creator participating in the Fan/Creator Transaction authorize PAC INVEST or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Fan Payment and any applicable VAT, to deduct the FIL Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the Dropfeet Terms of Service.
License of Content: Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Fan's accessing the Content (i.e. caching)), in accordance with the Dropfeet Acceptable Use Policy.
Ownership of Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 6 of this agreement does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of license: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
- if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
- in respect of pay-per-view Content, once the Fan has completed viewing the Content;
- in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew as described in section 8(h) of the Dropfeet Terms of Use for Fans;
- if the Fan's User account is suspended or terminated for any reason;
- if the Fan acts in breach of the Dropfeet Acceptable Use Policy (whether in relation to the Relevant Content or at all);
- if the Content is removed from the Creator's account;
- if the Fan closes their Dropfeet User account.
Cancellation and refunds: In respect of every Fan/Creator Transaction:
- The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Act 2015 or any other applicable law will therefore be lost.
- This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Act 2015 or any other applicable law.
Obligations between Creator and Fan: In respect of every Fan/Creator Transaction:
- The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with the Dropfeet Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
- The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
- The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
- The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 6 of this agreement.
- The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
- Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
No guarantees: The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access to Relevant Content to be provided under the Fan/Creator Transaction, including:
- if the Creator's account is suspended or deleted;
- if the Fan's account is suspended or deleted;
- if the availability of all or any part of Dropfeet site is suspended or inaccessible; or
- if the Creator is unable to create or upload Relevant Content in the future.
Terms relating to disputes:
- This agreement is governed by French law and French law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
- Where claims can be brought:
- If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of France or the courts of the country where the Fan lives.
- If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of France, unless the Fan and Creator otherwise agree.
PLATFORM TO BUSINESS REGULATION TERMS
Introduction: These Platform to Business Regulation Terms form part of the Terms of Service.
Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Creators who are established or resident in the European Union or the United Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
Promoting Creators via other distribution channels: We may choose to promote you via our Instagram (www.instagram.com/Dropfeet) and Twitter (www.twitter.com/Dropfeet) social media accounts.
Ranking on Dropfeet: We randomly suggest potential Creators for a User to follow based on the Creators that have earned money on Dropfeet in the previous 30 days. We have no ranking system..
Complaints: If you have a complaint about:
- any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
- technological issues relating directly to Dropfeet and which affect you; or
- measures taken by us or our conduct which relate directly to Dropfeet and which affect you,
then please submit your complaint to support@Dropfeet.com.
Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
- consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
- process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
- communicate to you in plain and intelligible language by email or by message to your Dropfeet account the outcome of the internal complaint-handling process.
CONTENT RELATED POLICY
- This document is published by PAC INVEST, a société par actions simplifiée (simplified joint stock company) registered in the Paris Trade and Companies Register under number 952 824 787, whose registered office is located at 10 rue de penthièvre, 75008, PARIS - France, (hereinafter referred to as "the Operator", "We" or "Dropfeet") as part of our commitments to its payment services partners providing payment services to Creators, through its intermediary. It is intended for Creators of content referenced as such on the Dropfeet Platform (hereinafter "Creators", or "You") and supplements the General Terms of Services (GTS) which they must accept on certification. In order to benefit from our services, you agree not to upload, post or publish on Dropfeet any content that :
- Shows, includes or refers to :
- any individual under the age of 18 (or who refers to individuals under the age of 18 in general); or
- any other person, unless you have a document confirming that all persons shown, included or referred to in your content are at least 18 years of age, and you have obtained written consent from each person to use their name or image in content published on Dropfeet ;
- Shows, promotes, advertises or refers to :
- firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions;
- drugs or drug paraphernalia;
- self-mutilation or suicide;
- incest ;
- bestiality;
- violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sado-masochistic abuse or bondage, extreme fisting or genital mutilation;
- necrophilia;
- urinary, scatological or excrement-related material;
- revenge porn" (i.e. any sexually explicit material featuring a person who has not given their prior, express and fully informed consent for such material (a) to be taken, captured or otherwise stored, or (b) to be published and shared on the platform);
- escort services, sex trafficking, pimping or prostitution.
- contains unsolicited sexual content or unsolicited language that makes another user or any other person a non-consensual sexual target, or contains false or manipulated sexual content in relation to another user or any other person (including deepfakes);
- contains, promotes, advertises or refers to hate speech (i.e. content intended to vilify, humiliate, dehumanize, discriminate, exclude, attack, threaten or incite hatred, fear or violence against any group or individual on the basis of race, ethnic origin, nationality, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status or any other protected characteristic);
- contains or refers to anyone else's personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, e-mail addresses, platform login credentials, financial information, including bank account details and credit and debit cards, biometric data and medical records) without that person's express written consent;
Either:
- in the case of content featuring public nudity, recorded or broadcast from a country, state or province where public nudity is illegal; or
- in the case of content depicting sexual activity, recorded or broadcast from a public place where members of the public are reasonably likely to see the activities in progress (this does not include outdoor locations where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).
- gives the impression that it originates from Dropfeet, or that it is approved, authorized or endorsed by Dropfeet;
- causes, or is calculated to cause, distress or anxiety to another person, or is likely to cause distress, embarrassment or serious offence to another person, particularly in the case of content amounting to revenge porn;
- is used or is intended to be used to extract money or other benefit from someone else in exchange for removal of the content.
Any breach of these obligations may give rise to the account restriction measures detailed in the GTS, which the Creator accepts in advance. In this respect, Dropfeet reminds you that it is implementing the measures described below to ensure that these requirements are met.
Process for fighting illegal content
Dropfeet is particularly committed to combating illegal content and all forms of online violence. In this respect, in compliance with the legal framework and its status as host of content edited and published by Creators, Dropfeet has put in place a process to combat such illicit content, organized as follows:
Dropfeet certifies any user wishing to become a Creator on the Platform by requiring identification and a selfie in real time. These identification elements are processed and authenticated by an artificial intelligence solution to minimize the risk of falsification. Thanks to this certification, Dropfeet can identify any author of potentially illicit content and, if necessary, initiate the necessary legal proceedings.
All Content, when uploaded by a Creator, is analyzed by another artificial intelligence solution that automatically detects any element that could possibly be considered prohibited by law or the present Content Policy.
Any content detected as containing an illicit element is blocked and cannot be published.
Any dispute or uncertainty during this process prior to the publication of Content may be forwarded to the team dedicated to these moderation issues.
Once the content has been published, Dropfeet then carries out random checks, enabling it, for example, to further analyze content linked to "exceptional" or "abnormal" transactions. Should Dropfeet come across content that is clearly illegal, it may be removed.
Finally, in line with its status as a host, Dropfeet acts promptly on any content notified to it as potentially illicit. Each piece of content is marked with a button enabling users to make a formal notification of illicit content, which may lead to the deletion of the media.
Policy to prevent minors from accessing pornographic content
Dropfeet has always been committed to preventing minors from accessing violent or pornographic content. For this reason, the Dropfeet Platform is forbidden to any user (Creator or subscriber) under the age of 18.
Dropfeet does, however, verify the age of the various categories of users:
- Verification of Creators' age: the age of each Creator is verified by means of his or her ID and a selfie, at the time of certification. These elements are processed and authenticated by an artificial intelligence solution.
- With regard to the integrity of consent and the majority of people appearing on content, in accordance with its Anti-Operation Policy, Dropfeet implements drastic verification procedures:
Dropfeet uses an artificial intelligence solution to analyze all content uploaded by creators, automatically detecting potentially illicit elements.
- Dropfeet requires that any agency presenting itself as the agent of a Creator registered on the platform sign a formal contract with the Creator in question, containing a transfer of image rights and a distribution authorization.
ANTI-SLAVERY AND ANTI-TRAFFICKING STATEMENT
This document is published by PAC INVEST, a limited company registered in Paris under number 952824787, whose registered office is located at 10 rue de penthievre, 75008, PARIS - France, (hereinafter "the Operator", "We" or "Dropfeet") as part of our commitments to its payment services partners providing Creators, through it, with payment services. It is addressed to all users of the Dropfeet Platform, including subscribers, Internet users, Creators, Ambassadors and partner agencies (hereinafter "Users", or "You").
Modern slavery is a crime and a violation of fundamental human rights. It takes many forms, such as slavery, servitude, forced and compulsory labor and all forms of human trafficking, all of which have in common the deprivation of one person's freedom by another in order to exploit them for personal or commercial gain. Dropfeet has a zero-tolerance approach to modern slavery and all forms of exploitation of people in situations of weakness, and is committed to acting ethically and with integrity in all its transactions and business relationships, and to implementing and enforcing effective systems and controls to minimize the risk of modern slavery, whether within our company, with our partners and other subcontractors, or among our creators. We are also committed to ensuring the transparency of our own business and the processes put in place to combat modern slavery. We expect the same level of intransigence from all our designers, suppliers and other business partners.
Thus, as part of our contractual processes, we include specific prohibitions against the use of forced, compulsory or trafficked labor, or any person held in slavery or servitude, whether adults or children, and we expect our suppliers to impose the same standards on their own suppliers. This policy applies to all persons working for us, with us or on our behalf, in any capacity whatsoever, including employees at all levels, directors, managers, temporary workers, seconded workers, volunteers, trainees, agents, contractors, external consultants, third-party representatives and business partners.
RESPONSABILITY
Dropfeet has overall responsibility for ensuring that this policy complies with our legal and ethical obligations, and that all those with whom it is associated comply with it. We are responsible for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure that they are effective in combating modern slavery. Management at all levels must ensure that their employees and other representatives understand and comply with this policy, and receive adequate and regular training on it and on the issue of modern slavery in supply chains. You are invited to comment on this policy and suggest ways of improving it. Comments, suggestions and questions are encouraged and should be addressed to legal@Dropfeet.com.
Details of this policy towards Creators
Dropfeet intends to combat any form of human trafficking that may be linked, directly or indirectly, to the content provided by the creators referenced on its platform. In this respect, Dropfeet systematically verifies the age and consent of people who may appear on content.
In practice, Dropfeet :
- Submits each Creator to a certification process
All Creator candidates must provide proof of identity, as well as a real-time selfie to show that they have reached the age of majority and have given their consent. This data is processed and authenticated by an artificial intelligence solution.
- Requires all third parties appearing in content to provide proof of their consent and majority.
Dropfeet seeks to ensure that any person who appears in content published on its platform and who is not the Creator himself is of legal age and consents to the content representing him being broadcast on its platform. Each Creator is thus contractually bound to guarantee and to be able to prove that any person who may appear in one of his/her contents is of legal age and that he/she formally agrees that the content in which he/she appears may be broadcast and marketed on Dropfeet. In addition, Dropfeet uses an artificial intelligence solution to analyze all content uploaded by creators, in order to automatically detect potentially illicit elements. If a creator uploads content featuring several third parties, he or she is required to provide proof of these people's consent (assignment of image rights and authorization to distribute). In addition, during random checks, creators may be required to provide proof of consent and majority of a third party appearing in content. Finally, Dropfeet requires any agency that presents itself as the agent of a creator registered on the platform to :
- has entered into a contract in due form with the commissioning creator, containing a transfer of image rights and an authorization for distribution;
- has signed the present Anti-Exploitation Policy.
The same applies to Ambassadors registered on Dropfeet, who must, at the end of the General Terms and Conditions of Sponsorship, sign and accept without reservation the present Anti-exploitation Policy.
Policy compliance
You must ensure that you read, understand and comply with this policy. The prevention, detection and reporting of modern slavery is the responsibility of everyone who works with us or under our control. You are expected to avoid any activity that may lead to or suggest a breach of this policy. You must inform your line manager OR your Dropfeet contact as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future. We encourage you to raise concerns about any issues or suspicions of modern slavery with any of our designers, ambassadors, or business partners as soon as possible. If you are unsure whether a particular act, the treatment of workers in general, or their working conditions at any level of our supply chains constitute one of the various forms of modern slavery, raise the issue with your line manager or by writing to legal@Dropfeet.com.
We wish to encourage open-mindedness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be wrong. We are committed to ensuring that no one suffers detrimental treatment for reporting in good faith their suspicion that modern slavery, in any form, is or may be practiced in any part of our business or in any of our supply chains. Adverse treatment includes dismissal, disciplinary action, threats, termination of established business relationships or any other adverse treatment related to raising a query or concern. This policy and declaration on modern slavery and all forms of human trafficking is addressed to designers, ambassadors, agencies and companies in all countries.
Communicating and raising awareness of this policy
Any employee, ambassador or designer working with us may be offered training on this policy and on the risk our company faces as a result of modern slavery. Our zero-tolerance approach to modern slavery must be communicated to everyone working for or with us.
If you believe or suspect that a breach of this policy has occurred or may occur, we invite you to :
inform your line manager or the head of your company, who will contact our own departments; report it to legal@Dropfeet.com.
Violation of this policy
Any employee who breaches this policy may be subject to disciplinary action, which may result in dismissal for misconduct or gross misconduct. Similarly, any offence involving modern slavery or any form of human trafficking may give rise to measures restricting contractual relations with the ambassador or designer concerned.
Declaration 18 USC 2257
Dropfeet is not the provider (at any level) of the content available on the Dropfeet website. With respect to 18 USC 2257, for any content available on this site, please address your request to the creator who published the content.
Dropfeet is a social network that allows the sharing and viewing of various types of content (videos or photos). Although Dropfeet does its best to verify the conformity of all hosted media, these verifications may not be 100% reliable.
Dropfeet follows the following procedures to ensure compliance:
- Require all "creator" users to be 18 years of age or older to register and add videos and photos.
- For help and/or information on finding the creator of content, please contact our support team at support@Dropfeet.com.
Dropfeet allows its users to report content as inappropriate. If content is reported as illegal, harassing, harmful, offensive or for any other reason, Dropfeet will remove it from its platform without delay.
Dropfeet users who encounter this type of content are invited to report it as inappropriate by clicking on the 'Report this media' link located under each video or photo.